Metcalf v. Metcalf

Opinion of the Court by

Stanley, Commissioner—

Affirming.

The judgment entered in this case for divorce by Odus Metcalf against Demie Clark Metcalf recites that the record shows the defendant to be a woman of low mentality, and when the suit was filed and continuing thereafter she had a committee appointed by the Clay County Court, and that, although the attention of counsel had been called to this defect, there was no effort made to make the committee a party to the action. Therefore, the petition was dismissed.

On the appeal by the husband he undertakes to get around this defect by saying that…